1. Dividing Employee and Employer Contributions
In a typical 401(k) plan, participants make pre-tax and/or Roth contributions from their paycheck. Additionally, the employer may match contributions, often subject to a vesting schedule. A QDRO should clearly state which funds are to be divided:
- Are both employee and employer contributions split?
- Will the division apply only to vested amounts?
- What valuation date should be used for the division (e.g., date of separation, date of divorce, date of QDRO)?
If employer contributions aren’t fully vested at the time of division, they may not be included—but the QDRO can address what happens if they vest later.

